Law: Criminal Procedure Code (V of 1898)

Section: 417

Law: Pakistan Penal Code, 1860

Section: 419,468,482,286,487

Criminal Procedure Code (V of 1898)--- ----S.417---Penal Code (XLV of 1860), Ss.419, 468, 482, 286 & 487--- Appeal against acquittal---Conclusion drawn by Trial Court in acquitting accused, was neither arbitrary, fanciful nor .artificial in nature---Judgment returned by Trial Court was a fair , based on proper, just and legal appreciation of evidence on record---Appellant had failed to show that impugned of acquittal was fanciful or based on no evidence and it had not been demonstrated that some material evidence was not taken into consideration by the Trial Court, which had caused miscarriage of justice---Acquittal was not to be interfered with and due consideration and weight was to be attached to observations made in acquittal ---View and approach for dealing with appeal against conviction would be different and distinguishable from appeal against acquittal because of presumption of double innocence of accused was attached in the order of acquittal---Appeal against acquittal was dismissed and impugned order of acquittal was maintained. State through the Advocate-General, N.-W.F.P., Peshawar v. Habib PLD 1996 Pesh. 43 and Syed Azeem Shah v. The State PLD 1987 Quetta 96 ref. JUDGMENT IJAZ-UL-HASSAN KHAN, J.---By this single judgment, I propose to dispose of Criminal Appeal No.178 of 1998 (State through Advocate-General v. Pir Muhammad and 2 others and Criminal Appeal No.85 of 1998 (Lakson Tobacco Company Limited v. Pir Muhammad and others, as both these arise out of one and the same impugned judgment dated 14-2-1998, passed by learned Additional Sessions Judge/Izafi Zillah Qazi, Malakand. 2. It may be stated here at the outset that vide order dated 27-11-1998 of this Court, Criminal Appeal No.178 of 1998, was dismissed qua Pir Muhammad and Fazal Ghafoor respondents and was admitted to the extent of Haji Ghani respondent. Criminal Appeal No.85 of 1998, titled Lakson Tobacco Company Limited, Mardan, relating to respondents Pir Muhammad and Fazal Ghafoor stands dismissed. Presently, I am seized of Criminal Appeal No.178 of 1998 against Haji Ghani accused-respondent. 4. The prosecution story in brief is, that on 6-11-1997, Muhammad Rahim Khan, Assistant…

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